Erie Ins. Exch. v J.M. Pereira & Sons, Inc.

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Erie Ins. Exch. v J.M. Pereira & Sons, Inc. 2018 NY Slip Op 01958 Decided on March 22, 2018 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on March 22, 2018
No. 76 SSM 2

[*1]Erie Insurance Exchange, Appellant,


J.M. Pereira & Sons, Inc., et al., Respondents.

Submitted by Dan D. Kohane, for appellant.

Submitted by Robert D. Hooks, for respondent J.M. Pereira & Sons, Inc.

Submitted by Matthew J. Schenker, for respondent RPC, Inc.

Respondents Vega et al., precluded.

On review of submissions pursuant to section 500.11 of the Rules, order affirmed, with costs, and certified question answered in the affirmative. Plaintiff failed to establish, as a matter of law, that the "loss was unambiguously excluded from the coverage of [the] policy" (Pioneer Tower Owners Assn. v State Farm Fire & Cas. Co., 12 NY3d 302, 307 [2009]). Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia, Wilson and Feinman concur.

Decided March 22, 2018